The BlueRock Group
DATA PROTECTION PRIVACY NOTICE
The GDPR comes into force across the EU on 25 May 2018. The GDPR establishes a single set of data protection rules in the EU, impacts current national data protection legislation and is also expected to be implemented in the EEA with effect from the same date. The GDPR significantly changes the EU/EEA data protection landscape, including strengthening of individuals’ rights, stricter requirements on companies Processing Personal Data.
The Notice is provided to enable you to better understand our Processing of your Personal Data and prove our commitment to Process your Personal Data in accordance with the GDPR and any applicable e-privacy laws, regulations and standards in Luxembourg.
25/05/2018
Version: 1
Notice Owner: The BlueRock Group.
INTRODUCTION
Confidentiality is intrinsic to the Fund’s business and we take data protection very seriously. For the purpose of compliance with the GDPR, this Notice sets out how we Process your Personal Data is Processed. It also informs you of your rights regarding your Personal Data.
DATA CONTROLLER
The Bluerock Group, the general partner of the Fund is acting as a Controller with respect to your Personal Data. The general partner is responsible for ensuring that your Personal Data is Processed in compliance with Data Protection Laws and to provide you with this Notice. If you have any questions or concerns about your Personal Data or this privacy policy or you wish to make a complaint about how we Process your Personal Data, or you wish to exercise any of your rights as a data subject please contact Ronny Pifkoby email at rp@bluerockfund.comor by post at the following address:
BLUEROCK GROUP
GARTENSTRASSE 24
8002, ZURICH, SWITZERLAND
Attention: Ronny Pifko
PURPOSES OF PROCESSING
The general partner may process the Personal Data in accordance with Data Protections Laws and solely for one or more necessary legal purposes (as described below).
In particular, the data supplied by you is Processed for the purpose of (i) maintaining the register of partnership interests, (ii) client’s identification, (iii) Processing subscriptions, redemptions (where permitted) and conversions of LP Interests and payments of dividends to the limited partners, (iv) performing controls on late trading and market timing practices, (v) complying with applicable anti-money laundering rules, (vi) performing legal requirements under FATCA, the Common Reporting Standard (CRS) or similar laws and regulations (e.g. at the OECD or EU level), (vii) account administration, (viii) fulfilling the Fund’s contractual obligations with Third Parties; (ix)communicating with you by way of notice pursuant to applicable legislation or thelimited partnership agreement, (x) responding to or evaluating any queries or complaints in relation to your investment in the Fund, (xi) internal and external audits and, where necessary, investigations, (xii) establishing, exercising or defending legal claims, and (xiii) the legitimate interests pursued by the Fund, or by the Third Parties.
The above purposes are based on at least one of the following legal basis: (i) the Processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract, (ii) the Processing is necessary for compliance with a legal or regulatory obligation to which Fund is subject, (iii) the Processing is necessary for the purposes of the legitimate interests pursued by the Fund such as the better administration of its business (e.g. protection of our facilities), so long as the rights of data subjects are not overridden, (iv) the data subjects have given their explicit consent (this basis is used only exceptionally).
CATEGORIES OF PERSONAL DATA PROCESSED AND CATEGORIES OF DATA SUBJECTS
The general partner may Process the following categories of Personal Data: (i) identification data (e.g. name, surname, addresses, alias, place and date of birth, professional information, proof of identity (such as passport, photograph, identity card) and proof of address, results of fraud, criminal record checks, sanction screening, numeric data including tax identification numbers, bank details, signature, contact information, social security details and FATCA/CRS details, politically exposed persons checks and any other checks required by anti-money laundering and counter terrorist regulations on the investor and the relevant person(s)); (ii) professional data (e.g. position, company); (iii) administrative data (e.g. language, tax identification numbers, bank details, signature, contact information, social security details); (iv) financial data (e.g. tax data, FATCA/CRS details, transactional data, investment preferences, investment history).
YOUR RIGHTS
As a data subject you have further specific rights set out below, which you may choose to exercise.
Right of access
You have the right to obtain confirmation that your Personal Data is being Processed, what categories of Personal Data we Process, where and to whom your data is transferred and why we Process it. On request we will provide a copy of the Personal Data we hold on you free of charge. For subsequent requests we may charge a fee based on the administrative costs of providing the information. Where requests are deemed to be manifestly unfounded or excessive (for example where requests are repetitive) we are entitled to either refuse the request or charge a reasonable fee based on the administrative costs of providing the information.
Right to restrict processing
You have the right to restrict the Processing of your Personal Data where one of the following applies:
- You contest the accuracy of your Personal Data while we investigate the inaccuracy/update the data.
- The Processing is unlawful and you oppose the erasure of your Personal Data and request the restriction of its use instead.
- You have objected to Processing pending the verification whether the legitimate grounds of the controller override those of your own.
- You may also request that we do not delete/destroy your Personal Data, even once we no longer need it, should you require it for the establishment, exercise or defense of legal claims.
Right to rectification
You have the right to have your Personal Data rectified if it is inaccurate or incomplete.
Rights in relation to automated decision making and profiling
You have the right not to be subject to a decision based solely on automated Processing, including profiling, which produces legal effects concerning you or significant effects that harm you unless it is necessary for entering into, or performance of, a contract between you and us
